Tutwiler lays claim — like some other towns in the Mississippi Delta — to being the birthplace of the blues with a site where the legendary band leader W.C. Handy reportedly discovered the blues in 1903.

Over the years, this town of approximately 3,550 residents in Tallahatchie County has seen some hard times.

And now Tutwiler is locked in a legal battle in court with State Auditor Stacey Pickering over the amount paid to part-time police officers.

Pickering has demanded the town officials repay almost $80,000 to the state for paying its part-time officers more than what state law allowed.

State law says a part-time police officer can't be paid more than $250 a week or $1,075 monthly.

However Tutwiler officials say the law is unenforceable because it conflicts with the federal minimum wage standard. Tutwiler aldermen say they were required to pay their part-time law enforcement officers the federal minimum wage of $7.25 per hour.

Pickering sent a letter in May to each member of the Tutwiler Board of Aldermen and one former board member as well as their performance bond agency, Travelers Insurance, seeking repayment of a certain amount by each of the members and the former member.

"The sum represents a prorated amount salary overpayments to part-time police officers in violation of state law, but approved by you as an alderwoman of the town of Tutwiler, and was paid between from July 2013 through February 2017," Pickering said in the letter.

Pickering said the sum each was asked to repay represents interest and cost of recovery.

The town officials were given 30 days to make the payments or interest would begin to accrue at 1 percent a month.

When the state auditor made the demand, the city had nine police officers, two of whom were part-time. Four of the full-time officers had second jobs.

The Tutwiler aldermen filed a lawsuit in Hinds County Circuit Court in July. The lawsuit was removed to federal court in Jackson by Assistant Attorney General James Bobo, who is attorney for the state auditor's office.

Ridgeland attorney Debra Giles, who is representing Tutwiler's aldermen, was in court in Wednesday and couldn't be reached for comment.

"The Board of Aldermen immediately, upon notice, issued an order to come in compliance with the current law, recently voted to no longer hire part-time officers in the town and has done everything in its power to come into compliance with the law as enforced," Tutwiler says in court papers. "However, the law, as applied and enforced, continues to place a severe undue hardship on the town and its limited resources."

Tutwiler officials say the town has limited resources and is unable to place sufficient number of police officers on duty to ensure the safety of citizens.

Last week, the Tutwiler Board of Aldermen filed a motion for a preliminary injunction to stop Pickering's office from collecting on the nearly $80,000 demand until the town's lawsuit is resolved.

The motion for the preliminary injunction was filed on behalf of the town's current five-member Board of Aldermen and former Alderman Gregory Braggs Sr.

The petitioners haven't engaged in any dishonesty or theft of public funds, their motion says.

"However, the accusation by the defendant will cause the petitioners severe, irreparable harm if the defendant is not enjoined," according to the motion.